A motion for leave to reargue "shall be based upon matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but shall not include any matters of fact not offered on the prior motion," pursuant to CPLR 2221[d][2]. Motions for reargument are addressed to the sound discretion of the court which decided the prior motion. The motion does not provide an unsuccessful party with successive opportunities to reargue issues that were previously decided or to present arguments that are different from those that were originally presented.
Hallett v. City of New York, NY Slip Op 04367 (2d Dep't August 23, 2023)
